Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 1 of 26 PageID# 577

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division THE NATIONAL ORGANIZATION FOR MARRIAGE, INC. ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)

Civil Action No. 13-1225-JCC-IDD

Plaintiff National Organization for Marriages Objections to Defendant United States of Americas Amended Exhibit List Pursuant to this Courts April 15, 2014 Order, Dkt. 64, Plaintiff, the National Organization for Marriage (NOM) hereby submits its objections to Defendants Amended Exhibit List, Dkt. 65. Added here are objections to Defendants new exhibits 136 and 137. All other objections are identical to NOMs initial Objections. (Dkt. 62).

USA Exhibit Numbe r

Production Bates Start

Production Bates End

Description Declaration of Records Custodian -HRC

Objection

N/A

N/A

HRC Documents0001

HRC Documents0019

Emails between K. Nix and M. Meisel

First Amendment Privilege re: names and addresses of Plaintiffs contributors; Statutory Privilege under 26 U.S.C. 6103 for the same information; Privileged under Fed. R. of Evid. 501 as trade secrets. Relevancy as to specific names of donors and specific

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 2 of 26 PageID# 578

HRC Documents0009

HRC Documents0111

4 5 6 7

MEISEL0015 GOV-PROD-0000038 GOV-PROD-0000044 GOV-PROD-0002704

MEISEL0015 GOV-PROD-0000039 GOV-PROD-0000046 GOV-PROD-0002769

8/26/2013 NOM Email Email from R. Koenig to M. Meisel Online SEIN Audit Trail IRS Printer Logs IRM 3.20.13 dated 1/1/2011 Citrix Audit Log Screen Shot Supplemental Information.pdf Online SEIN Audit Trail for ZKNLB ZKNLB Printer Usage by User ZKNLB Printer Event Log ZKNLB All logons

amounts contributed under Fed. R. Evid. 401-402. Relevancy as to Fed. R. Evid. 403 as the probative value of the names and addresses of donors and amounts that they contributed will lead to undue delay, wasting of time, confusion of the issues, and is substantially outweighed by the unfair prejudice. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues.

GOV-PROD-0000586

GOV-PROD-0000586

9 10 11 12

GOV-PROD-0000587 GOV-PROD-0000588 GOV-PROD-0000591 GOV-PROD-0000593

GOV-PROD-0000587 GOV-PROD-0000590 GOV-PROD-0000592 GOV-PROD-0000593

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 3 of 26 PageID# 579

13

GOV-PROD-0000594

GOV-PROD-0000594

14 15 16

GOV-PROD-0000595 GOV-PROD-0000636 GOV-PROD-0000638

GOV-PROD-0000595 GOV-PROD-0000637 GOV-PROD-0000642

ZKNLB Print Events 1/21/2011 ZKNLB Print Events 1/21/2011 including page count IRS 3893C letter IRS 3983C letter macro IRS Form 4506-A Volumes For 2009-2014 IDRS ENMOD for NOM IRM 3.20.13 revision 1/1/2010 IRM 3.20.13 revision 1/1/2014 Online SEIN Audit Trail by Tax Year 12/12/2013 Hearsay Memorandum from J. Archibald Submission Processing Programs Review IRS Form 4506-A (March 2009) Instructions for IRS Form 4506-A Peters Training History 1 B&W Peters Training History 2 B&W Peters Training History 1 Peters Training History 2 Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative NOM Blog value of the evidence is 12/31/2013 substantially

17 18 19 20

GOV-PROD-0000643 GOV-PROD-0000706 GOV-PROD-0000710 GOV-PROD-0000778

GOV-PROD-0000643 GOV-PROD-0000709 GOV-PROD-0000777 GOV-PROD-0000867

21

GOV-PROD-0001344

GOV-PROD-0001345

22

GOV-PROD-0001571

GOV-PROD-0001576

23

GOV-PROD-0001593

GOV-PROD-0001593

24 25 26 27 28

GOV-PROD-0001595 GOV-PROD-0002121 GOV-PROD-0002122 GOV-PROD-0000218 GOV-PROD-0000219

GOV-PROD-0001596 GOV-PROD-0002121 GOV-PROD-0002122 GOV-PROD-0000218 GOV-PROD-0000219

29

GOV-PROD-0002024

GOV-PROD-0002029

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 4 of 26 PageID# 580

30

GOV-PROD-0002049

GOV-PROD-0002055

NOM Blog 11/18/2013

31

GOV-PROD-0002056

GOV-PROD-0002062

NOM Blog 10/3/2013

32

GOV-PROD-0002063

GOV-PROD-0002064

NOM Blog -12/6/13

outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901; Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid.

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 5 of 26 PageID# 581

901; Hearsay. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901; Hearsay. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901; Hearsay. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is

33

GOV-PROD-0002065

GOV-PROD-0002068

10/9/2013 NY Post Article - To Break the IRS' Wall of Silence

34

GOV-PROD-0002069

GOV-PROD-0002069

Video List

35

GOV-PROD-0002080

GOV-PROD-0002080

NOMFacebook 6/5/2013

36

GOV-PROD-0002082

GOV-PROD-0002082

NOMFacebook 10/4/2013

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 6 of 26 PageID# 582

37

GOV-PROD-0002083

GOV-PROD-0002083

NOMFacebook 5/11/2013

38

GOV-PROD-0002084

GOV-PROD-0002084

NOMFacebook 6/10/2013

39

GOV-PROD-0002086

GOV-PROD-0002086

NOMFacebook MillionDollarMa tch

substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 7 of 26 PageID# 583

under Fed. R. of Evid. 901; Hearsay. 5081 Security Approval 2/9/2009 5081 Security Approval 2/11/2009 5081 Security Approval 2/11/2009 (2nd) TEAM 6 CJE Training document 8/18/2010 Email Thread from C. Peek re: Form 4506-A Email from D. Hamilton to W. Peters re: approval via 5081 1/19/2011 email from W. Peters to P. Riley re: media 1/19/2011 email exchange between W. Peters to P. Riley re: media 1/24/2011 email exchange between W. Peters to P. Riley re: media 2/28/2011 email from W. Peters to P. Riley re: media 3/2/2011 email from W. Peters to P. Riley re: media 3/2/2011 email exchange between W. Peters to P. Riley

40

GOV-PROD-0002125

GOV-PROD-0002125

41

GOV-PROD-0002130

GOV-PROD-0002131

42

GOV-PROD-0002132

GOV-PROD-0002133

43

GOV-PROD-0002134

GOV-PROD-0002134

44

GOV-PROD-0002158

GOV-PROD-0002159

45

GOV-PROD-0002161

GOV-PROD-0002162

Hearsay.

46

GOV-PROD-0002163

GOV-PROD-0002163

Hearsay.

47

GOV-PROD-0002164

GOV-PROD-0002165

Hearsay.

48

GOV-PROD-0002166

GOV-PROD-0002166

Hearsay.

49

GOV-PROD-0002167

GOV-PROD-0002167

Hearsay.

50

GOV-PROD-0002168

GOV-PROD-0002168

Hearsay.

51

GOV-PROD-0002169

GOV-PROD-0002170

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 8 of 26 PageID# 584

re: media Computer screenshot 3/4/2011 email Hearsay. exchange between W. Peters to P. Riley re: media 3/4/2011 email Hearsay. exchange between W. Peters to P. Riley re: media 3/4/2011 email Hearsay. exchange between W. Peters to P. Riley re: media NOM request for investigation 4/18/2012 email from S. Whitaker to D. Hamilton re: access to OL-SEIN Excel spreadsheet attachment to GOV-PROD-002 350 IRS 3983C letter macro Doc. re: Plain Talk About Ethics 6/17/2013 TEGE Quality Alert SEIN Background and History Online 5081 history report W. Peters Time Entries IRM 10.5.5 dated 8/26/2013 UNAX

52

GOV-PROD-0002171

GOV-PROD-0002171

53

GOV-PROD-0002173

GOV-PROD-0002174

54

GOV-PROD-0002175

GOV-PROD-0002177

55

GOV-PROD-0002178

GOV-PROD-0002181

56

GOV-PROD-0002339

GOV-PROD-0002348

57

GOV-PROD-0002350

GOV-PROD-0002350

58 59

GOV-PROD-0002351 GOV-PROD-0002390

GOV-PROD-0002351 GOV-PROD-0002394

60 61

GOV-PROD-0002403 GOV-PROD-0002446

GOV-PROD-0002434 GOV-PROD-0002447

62 63 64 65 66

GOV-PROD-0002449 GOV-PROD-0002537 GOV-PROD-0002477 GOV-PROD-0002482 GOV-PROD-0002499

GOV-PROD-0002454 GOV-PROD-0002546 GOV-PROD-0002481 GOV-PROD-0002495 GOV-PROD-0002508

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 9 of 26 PageID# 585

PowerPoint UNAX PowerPoint (Extended) W. Peters Performance Award 8/2009 W. Peters Performance Award 8/2010 W. Peters Performance Award 8/2010 (2nd) W. Peters Performance Award 8/2010 (3rd) W. Peters Performance Award 3/2010 1/26/2011 email thread from P. Riley to W. Peters re: media request for nonprofit database waiver of fees NOM Form 990 for 2007 First Amendment Privilege re: names and addresses of Plaintiffs contributors; Statutory Privilege under 26 U.S.C. 6103 for the same information; Privileged under Fed. R. of Evid. 501 as trade secrets. Relevancy as to specific names of donors and specific amounts contributed under Fed. R. Evid. 401-402. Relevancy as to Fed. R. Evid. 403 as the probative value of

67

GOV-PROD-0002509

GOV-PROD-0002532

68

GOV-PROD-0002091

GOV-PROD-0002091

69

GOV-PROD-0002092

GOV-PROD-0002092

70

GOV-PROD-0002093

GOV-PROD-0002093

71

GOV-PROD-0002094

GOV-PROD-0002094

72

GOV-PROD-0002095

GOV-PROD-0002095

73

GOV-PROD-0002533

GOV-PROD-0002536

74

GOV-PROD-0002579

GOV-PROD-0002595

75

GOV-PROD-0002596

GOV-PROD-0002632

NOM Amended Form 990 for 2008

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 10 of 26 PageID# 586

76

GOV-PROD-0002633

GOV-PROD-0002664

NOM Original Form 990 for 2008

77

GOV-PROD-0002665

GOV-PROD-0002703

NOM Form 990 for 2009

the names and addresses of donors and amounts that they contributed will lead to undue delay, wasting of time, confusion of the issues, and is substantially outweighed by the unfair prejudice. First Amendment Privilege re: names and addresses of Plaintiffs contributors; Statutory Privilege under 26 U.S.C. 6103 for the same information; Privileged under Fed. R. of Evid. 501 as trade secrets. Relevancy as to specific names of donors and specific amounts contributed under Fed. R. Evid. 401-402. Relevancy as to Fed. R. Evid. 403 as the probative value of the names and addresses of donors and amounts that they contributed will lead to undue delay, wasting of time, confusion of the issues, and is substantially outweighed by the unfair prejudice. First Amendment Privilege re: names and addresses of Plaintiffs contributors; Statutory Privilege under 26 U.S.C. 6103 for the same information; Privileged under Fed. R. of Evid. 501 as trade secrets. Relevancy as to specific names of donors and specific

10

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 11 of 26 PageID# 587

amounts contributed under Fed. R. Evid. 401-402. Relevancy as to Fed. R. Evid. 403 as the probative value of the names and addresses of donors and amounts that they contributed will lead to undue delay, wasting of time, confusion of the issues, and is substantially outweighed by the unfair prejudice. ZKNLB Printer Log Spreadsheet, various dates from 1/21/2011 to 11/28/2011 ZKNLB Printer Logs, various dates from 1/21/2011 to 11/28/2011 5/15/2012 letter from California FPPC to B. Brown Various letters relating to FPPC's investigation 6/28/2012 FPPC letter to Z. Kester and various responses Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity

78

GOV-PROD-0002547

GOV-PROD-0002547

79

GOV-PROD-0002548

GOV-PROD-0002550

80

NOM-01314

NOM-01314

81

NOM-01316

NOM-01322

82

NOM-01370

NOM-01375

83

NOM-01428

NOM-01432

10/11/2013 NOM email to ActRight

11

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 12 of 26 PageID# 588

84

NOM-01433

NOM-01437

10/4/2013 NOM email to ActRight

85

NOM-01443

NOM-01445

5/15/2013 NOM email to ActRight

86

NOM-01454

NOM-01456

5/21/2013 NOM email to ActRight

87

NOM-01475

NOM-01477

6/19/2013 NOM email to ActRight

under Fed. R. of Evid. 901; Hearsay. Relevancy, under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901; Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901; Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901; Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is

12

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 13 of 26 PageID# 589

88

NOM-01483

NOM-01486

6/5/2013 NOM email to ActRight

89

NOM-01516

NOM-01518

8/27/2013 NOM email to ActRight

90

NOM-01524

NOM-01526

9/30/2013 NOM email to ActRight

substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901; Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901; Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity under Fed. R. of Evid. 901; Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Authenticity

13

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 14 of 26 PageID# 590

under Fed. R. of Evid. 901; Hearsay. 91 NOM-01633 NOM-01649 Eastman Invoices ActRight Invoices (Redacted) ActRight Expenses 6/4/2013 J. Eastman Testimony First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead 5/17/2013 email to undue delay, from E. Ray to wasting of time, and NOM re: IRS hits confusion of the issues; to date Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, 7/24/2012 email wasting of time, and thread from B. confusion of the issues; Duggan Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the 7/29/2013 email evidence is from E. Ray re: substantially media strategy outweighed by the

92 93

NOM-01654 NOM-01791

NOM-01790 NOM-01798

94

NOM-01815

NOM-01822

95

NOM-01853

NOM-01934

96

NOM-02070

NOM-02070

97

NOM-02104

NOM-02105

14

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 15 of 26 PageID# 591

98

NOM-02110

NOM-02110

99

NOM-02317

NOM-02317

100

NOM-02546

NOM-02547

prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Privileged as Trade Secret under Fed. R. Evid. 501; Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, 11/1/2013 email wasting of time, and from E. Ray re: confusion of the issues; Susan Crabtree Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, 7/27/2012 email wasting of time, and from B. Duggan confusion of the issues; to B. Dunn (SFC) Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the 12/19/2013 email prejudice and will lead from B. Duggan to undue delay, to House staffers wasting of time, and re: USA's confusion of the issues; Answer Hearsay.

15

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 16 of 26 PageID# 592

101

NOM-02558

NOM-02565

102

NOM-02590

NOM-02597

103

NOM-02673

NOM-02675

104

NOM-02722

NOM-02722

First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially 10/4/2013 email outweighed by the exchange prejudice and will lead between G. to undue delay, Norquist and B. wasting of time, and Brown re: confusion of the issues; lawsuit Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead 4/6/2012 email to undue delay, thread re: NOM wasting of time, and demands federal confusion of the issues; investigation Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, 6/11/2013 email wasting of time, and from B. Brown to confusion of the issues; supporters Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is 8/24/2013 email substantially from B. Monge outweighed by the to B. Duggan and prejudice and will lead Fr. Anthony to undue delay,

16

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 17 of 26 PageID# 593

105

NOM-02726

NOM-02729

106

NOM-02774

NOM-02780

107

NOM-02781

NOM-02799

108

NOM-03670

NOM-03676

wasting of time, and confusion of the issues; Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the 9/27/2013 email prejudice and will lead re: Oversight to undue delay, Committee to wasting of time, and Investigate NOM confusion of the issues; Donor List Leak Hearsay. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, 4/12/2012 email wasting of time, and from B. Brown to confusion of the issues; NOMNews Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, Emails from wasting of time, and NOM re: confusion of the issues; disclosure Hearsay. First Amendment privilege; Relevancy 8/16/2013 email under Fed. R. of Evid. from B. Duggan 401-402 and Fed. R. of re: timing of Evid. 403 as the lawsuit probative value of the

17

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 18 of 26 PageID# 594

109

NOM-03683

NOM-03684

9/29/2013 emails between E. Ray and B. Duggan

110

NOM-03685

NOM-03688

10/2/2013 emails from F. Schubert re: Draft NOM v. IRS Press Release

111

NOM-03692

NOM-03692

9/2013 email exchange re: IRS on Monday?

evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Privileged as trade secret under Fed. R. Evid. 501. Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Privileged as trade secret under Fed. R. Evid. 501; Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues; Hearsay. First Amendment privilege; Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the

18

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 19 of 26 PageID# 595

prejudice and will lead to undue delay, wasting of time, and confusion of the issues; Hearsay. 112 NOM-03700 NOM-03703 ActRight FPPC Invoices Online 5081 Annual Recertification On-Line SEIN User Guide First Amendment Privilege re: names and addresses of Plaintiffs contributors; Statutory Privilege under 26 U.S.C. 6103 for the same information; Privileged under Fed. R. of Evid. 501 as trade secrets. Relevancy as to specific names of donors and specific amounts contributed under Fed. R. Evid. 401-402. Relevancy as to Fed. R. Evid. 403 as the probative value of the names and addresses of donors and amounts that they contributed will lead to undue delay, wasting of time, confusion of the issues, and is substantially outweighed by the unfair prejudice. First Amendment Privilege re: names and addresses of Plaintiffs contributors; Statutory Privilege under 26 U.S.C. 6103 for the same information; Privileged under Fed. R. of Evid. 501 as trade secrets. Relevancy as

113 114

GOV-PROD-0002770 GOV-PROD-0002772

GOV-PROD-0002771 GOV-PROD-0002777

115

GOV-PROD-0002778

GOV-PROD-0002814

NOM Amended Form 990 for 2010

116

GOV-PROD-0002815

GOV-PROD-0002848

NOM Original Form 990 for 2010

19

Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 20 of 26 PageID# 596

117

GOV-PROD-0002849

GOV-PROD-0002884

NOM Form 990 for 2011

118

GOV-PROD-0002885

GOV-PROD-0002922

NOM Form 990 for 2012

to specific names of donors and specific amounts contributed under Fed. R. Evid. 401-402. Relevancy as to Fed. R. Evid. 403 as the probative value of the names and addresses of donors and amounts that they contributed will lead to undue delay, wasting of time, confusion of the issues, and is substantially outweighed by the unfair prejudice. First Amendment Privilege re: names and addresses of Plaintiffs contributors; Statutory Privilege under 26 U.S.C. 6103 for the same information; Privileged under Fed. R. of Evid. 501 as trade secrets. Relevancy as to specific names of donors and specific amounts contributed under Fed. R. Evid. 401-402. Relevancy as to Fed. R. Evid. 403 as the probative value of the names and addresses of donors and amounts that they contributed will lead to undue delay, wasting of time, confusion of the issues, and is substantially outweighed by the unfair prejudice. First Amendment Privilege re: names and addresses of Plaintiffs contributors; Statutory Privilege under 26

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Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 21 of 26 PageID# 597

U.S.C. 6103 for the same information; Privileged under Fed. R. of Evid. 501 as trade secrets. Relevancy as to specific names of donors and specific amounts contributed under Fed. R. Evid. 401-402. Relevancy as to Fed. R. Evid. 403 as the probative value of the names and addresses of donors and amounts that they contributed will lead to undue delay, wasting of time, confusion of the issues, and is substantially outweighed by the unfair prejudice. Document enclosure cover letter Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Relevancy under Fed. R. of Evid. 401-402

119

Karger000001

Karger000001

120

Karger000004

Karger000005

Karger Form 4506-As

121 122

Karger000089 Karger000017

Karger000089 Karger000037

Form 4506-A email Karger 3983C letters

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Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 22 of 26 PageID# 598

123

Karger000071

Karger000087

Karger 2007 NOM Form 990

124

Karger000327

Karger000356

Karger 2008 NOM Form 990

125

Karger000038

Karger000070

NOM 501(c)(4) Application

126

Karger000167

Karger000205

Karger FPPC Complaint (incl. Supp.)

and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues. First Amendment Privilege re: names and addresses of Plaintiffs contributors; Statutory Privilege under 26 U.S.C. 6103 for the same information;

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Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 23 of 26 PageID# 599

Privileged under Fed. R. of Evid. 501 as trade secrets. Relevancy as to specific names of donors and specific amounts contributed under Fed. R. Evid. 401-402. Relevancy as to Fed. R. Evid. 403 as the probative value of the names and addresses of donors and amounts that they contributed will lead to undue delay, wasting of time, confusion of the issues, and is substantially outweighed by the unfair prejudice. Hearsay. FPPC May 28, 2012 Letter to Karger FPPC Dec. 18, 2013 Letter to Karger Supplemental document enclosure letter Plaintiff's Oct. 3, 2013 Verified Complaint and all exhibits Plaintiff's January 21, 2014 Discovery Responses to USA First Set of Discovery Plaintiff's Feb. 12, 2014 Supplemental Discovery Responses to USA First Set of Discovery Plaintiff's Mar. 11, 2014

127

Karger000124

Karger000124

128

Karger000123

Karger000123

129

Karger000326

Karger000326

130

N/A

N/A

131

N/A

N/A

132

N/A

N/A

133

N/A

N/A

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Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 24 of 26 PageID# 600

134

N/A

N/A

135

N/A

N/A

136

N/A

N/A

Discovery Responses to USA Second Set of Discovery Plaintiff's 26(a)(1) Disclosures dated 12/20/2013 Plaintiff's 26(a)(1) Supplemental Disclosures 2/21/2014 Plaintiffs Supplemental Response to Defendants Second Set of Requests for Admission and Interrogatories to Plaintiff, dated 4/1/2014. Relevancy under Fed. R. of Evid. 401-402 and Fed. R. of Evid. 403 as the probative value of the evidence is substantially outweighed by the prejudice and will lead to undue delay, wasting of time, and confusion of the issues; Hearsay.

137

NOM-04039

NOM-04064

Plaintiffs direct mail fundraising documents produced along with USA Exhibit 136

NOM reserves the right to amend the objections above based on the Courts Orders regarding pretrial motions.

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Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 25 of 26 PageID# 601

Respectfully submitted this 24th day of April, 2014.

Cleta Mitchell, of counsel (D.C. 433386)* William E. Davis, of counsel (D.C. 280057)* Mathew D. Gutierrez, of counsel (Fla. 0094014)* Kaylan L. Phillips (Ind. 30405-84)* Noel H. Johnson (Wisc. 1068004)* ACTRIGHT LEGAL FOUNDATION 209 West Main Street Plainfield, IN 46168 (317) 203-5599 (telephone) (888) 815-5641 (fax) cmitchell@foley.com wdavis@foley.com mgutierrez@foley.com kphillips@actrightlegal.org njohnson@actrightlegal.org Counsel for Plaintiff

/s/ Jason Torchinsky (Va. 47481) Shawn Toomey Sheehy (Va. 82630) Holtzman Vogel Josefiak PLLC 45 North Hill Drive, Suite 100 Warrenton, VA 20186 (540) 341-8808 (telephone) (540) 341-8809 (fax) jtorchinsky@hvjlaw.com ssheehy@hvjlaw.com Counsel for Plaintiff John C. Eastman (Cal. 193726)* Anthony T. Caso (Cal. 88561)* Center for Constitutional Jurisprudence c/o Chapman University School of Law One University Drive Orange, CA 92866 (877) 855-3330 x2 (telephone) (714) 844-4817 (fax) jeastman@chapman.edu caso@chapman.edu Counsel for Plaintiff

* Admitted Pro Hac Vice

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Case 1:13-cv-01225-JCC-IDD Document 66 Filed 04/24/14 Page 26 of 26 PageID# 602

Certificate of Service I hereby certify that on April 24, 2014, I served the foregoing Plaintiffs Objections to Defendants Amended Exhibit List on all registered users via CM/ECF including the following:

UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE Philip M. Schreiber (D.C. 502714)* Benjamin L. Tompkins (D.C. 474906)* Christopher D. Belen (Va. 78281) Trial Attorneys, Tax Division U.S. Department of Justice Post Office Box 14198 Ben Franklin Station Washington, DC 20044 (202) 514-6069 (Mr. Schreiber) (202) 514-5885 (Mr. Tompkins) (202) 307-2089 (Mr. Belen) Fax: 202-514-9868 philip.m.schreiber@usdoj.gov benjamin.l.tompkins@usdoj.gov christopher.d.belen@usdoj.gov Dana J. Boente Acting United States Attorney David Moskowitz Assistant U.S. Attorney 2100 Jamieson Avenue Alexandria, Virginia 22314 Telephone: (703) 299-3845 Fax: (703) 299-3983 david.moskowitz@usdoj.gov *Admitted Pro Hac Vice

_____/s/__________________ Jason Torchinsky (Va. 47481) Shawn Toomey Sheehy (Va. 82630) Holtzman Vogel Josefiak PLLC 45 North Hill Drive, Suite 100 Warrenton, VA 20186 (540) 341-8808 (telephone) (540) 341-8809 (fax)

jtorchinsky@hvjlaw.com ssheehy@hvjlaw.com

26